Opposition by Strathfield Independents to registration of trade mark application number 2018552 (class 45) – STRATHFIELD INDEPENDENTS and device - in the name of Geoffrey Markwell.

This matter concerned an opposition by Strathfield Independents to the registration of trade mark application number 2018552, for the mark STRATHFIELD INDEPENDENTS and device, in class 45, filed by Geoffrey Markwell. The opposition was heard by Nicole Worth, Delegate of the Registrar of Trade Marks.

The court was required to determine whether any of the grounds of opposition raised by Strathfield Independents under sections 41, 44, 58A, 58, 60, 43, 59, and 62A of the *Trade Marks Act 1995* (Cth) were established. These grounds generally relate to issues such as distinctiveness, prior use, deceptive similarity, and bad faith.

The Delegate found that the Opponent had failed to establish any of the nominated grounds of opposition. In reaching this decision, the Delegate considered the evidence filed by both parties, including declarations and annexures. The Delegate noted that certain new matters raised in the Opponent's evidence in reply were not considered, as compelling reasons were not present and procedural fairness considerations meant the Applicant should have had an opportunity to respond. Ultimately, the Delegate concluded that the trade mark application could proceed to registration.

The final orders directed that trade mark application no. 2018552 may proceed to registration not less than one month from the date of the decision, unless a notice of appeal was served, in which case registration would be stayed until the appeal was withdrawn or discontinued.